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A. ABHISHEK REDDY
Prerna Agro Food Products through its Proprietor Shri. Ashutosh Kumar Sinha, son of Sri Mahendra Pratap Singh – Appellant
Versus
Bihar Industrial Area Development Authority (BIADA), through its Managing Director – Respondent
JUDGMENT :
(A. Abhishek Reddy, J.) :
Heard the learned counsel for the parties.
2. This writ petition has been filed for the following releifs;
(ii) To quash the order dated 07.03.2023 passed by the Principal Secretary. Department of Industries, Government of Bihar (Respondent No.2), in Appeal No. 102 of 2023, by which the order dated 29.12 2022. passed by the Deputy General Manager, Industrial Area, Patna Cluster BIADA, Bihar Patna (respondent no. 6) has been duly affirmed and the Appeal was rejected.
(iii) For a direction upon the Respondent Authorities not to allot petitioner's Plot No. O-7(P) to any other person, till the disposal of the writ application.
(iv) For directing the respondents not to take any coercive steps against the allotment of the petitioner ti
Failure to utilize allocated industrial land justifies its cancellation under statutory provisions.
Acceptance of petitioner's undertaking and consequences of breach as a basis for quashing orders.
Compliance with undertaking and consequences of breaching it are crucial in the disposal of the petition.
The court upheld the cancellation of land allotment due to the petitioner's non-utilization for over twenty years, reinforcing authority's jurisdiction under the BIADA Act, 1974 and its amendments.
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